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ESOS Framework

ESOS Framework

International students in Australia are protected by the Education Services for Overseas Students (ESOS) framework, which includes the Education Services for Overseas Students Act 2000 and the ESOS National Code.These laws safeguard the rights and well-being of international students

The ESOS Act mandates that education providers, including MIA-Management Institute Australia, must be registered by the Australian Government. As part of their registration on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS), these providers, including MIA-Management Institute Australia, must adhere to specific obligations. These principles are designed to ensure the delivery of high-quality services to international students. International students on a student visa must enroll in a course offered by an education provider listed on CRICOS, accessible at http://cricos.education.gov.au/.

As a kind of consumer protection, the ESOS framework makes sure that students may receive tuition assurance and guarantees that the right kind of refunds will be available. The Tuition Protection Scheme is used to carry this out (TPS).

THINGS YOU NEED TO KNOW AS AN INTERNATIONAL STUDENT

The ESOS standards encompass a variety of information that you have the right to know about and the services that Australian education providers are obligated to offer you.

These include:

  • Orientation provides insights into your course, study location, and access to support services, aiding your study and adjustment to life in Australia.
  • Contact information for the education provider's designated officers for overseas students.
  • Recognise the standards of attendance set by your provider and learn about the grievance and appeals procedure.
  • WhatWhat is required of you by your provider to make adequate progress in the courses you take, and what resources are available if you are not making the necessary progress
  • Explore the possibility of applying for course credit and be informed about the circumstances under which your enrollment may be deferred, suspended, or canceled.

Your responsibilities as an international student in Australia.

As an international student on a student visa, you are responsible for:

  • Complying with your student visa conditions
  • Maintain your Overseas Student Health Cover (OSHC) for the period of your stay
  • Inform your provider if you change your address or other contact details
  • Meeting the terms of the written agreement with your education provider
  • Meeting the restriction on transfer between registered providers
  • Maintaining satisfactory course progress
  • Maintaining satisfactory attendance where applicable.
  • (Information about visa conditions for student visa holders is available on the Department of Immigration and Border Protection’s website at http://www.homeaffairs.gov.au/)

REQUIREMENTS FOR YOUNGER STUDENTS (UNDER 18)

(MIA-Management Institute Australia exclusively admits students aged 18 years and older.)

If you are under 18, your visa will only be approved if sufficient plans have been made for your housing, assistance, and overall well-being for the period of your student visa or until you become 18. The Department of Immigration and Border Protection requires this. In accordance with Australian immigration regulations, students under the age of 18 who apply for student visas must show that they will be accompanied by a parent, guardian, eligible relative, or that their educational institution approves of other arrangements made for their housing, support, and overall welfare while in Australia.

When a student under the age of 18 moves, or when the education provider no longer approves of the arrangements for the student's housing, support, and general welfare, they are required by the ESOS National Code to notify the Department of Immigration and Border Protection as soon as possible.

Should you want to make modifications to your living arrangements after receiving clearance from your education provider, you must first obtain approval for such changes. Your provider is required to notify the Department of Immigration and Border Protection if they consent to the change. Should a change be granted, nothing will happen. If the changes or arrangements are not approved by your provider, you can be in violation of requirement 8532 of your student visa, which could result in the cancellation of your visa.

More comprehensive information about specific visa requirements for students under 18 years of age is available on the Department of Immigration and Border Protection’s website at http://www.homeaffairs.gov.au/.

USING AN EDUCATION AGENT

As per the ESOS Act, education providers are required to publish the names of their education agents on their website. It is mandatory for education providers to establish a written agreement with their agents, ensuring that these agents possess a thorough understanding of Australia's international education system and conduct themselves with honesty and integrity.

Education agents and migration agents serve different purposes. A migration agent provides information on visa and immigration matters. For more details, you can also refer to the Department of Immigration and Border Protection’s website at http://www.homeaffairs.gov.au/ .

International students do not have to use an education agent. You can lodge an enrolment application directly with the Australian education provider of your choice. You should consider contacting your education provider directly to see if they can help you with putting in your student enrolment application.

FINDING THE RIGHT EDUCATION PROVIDER FOR YOU

You can find out more about Australia’s education system through Austrade and their website at http://www.austrade.gov.au/Education/ Services.

CRICOS is a good place to start when you want to find out more about what courses and education providers are being offered in Australia. Visit the CRICOS website for more information at http://cricos.education.gov.au/.

WRITTEN AGREEMENTS OR CONTRACTS BETWEEN THE STUDENT AND PROVIDER

Upon acceptance for enrollment with an education provider, the ESOS National Code mandates that the provider and the student must enter into a written agreement, similar to a contract. Both parties are obligated to fulfill the terms outlined in the agreement after signing or indicating acceptance. Importantly, you are not required to make any payments to the provider or their agent until the agreement is signed.

Under the ESOS Act and the National Code you have certain rights to information, even before you enrol with an education provider. You have the right to:

  • Before enrolling, ensure that you receive up-to-date and accurate information about the course(s), entry requirements, all fees, modes of study, and other relevant details from both your education provider and their agent.
  • Sign a formal agreement with your provider detailing the services, costs, specifics of the return, and the conditions under which a refund will be granted before or at the time of fee payment. A copy of this signed agreement should be kept for your keeping.
  • Recieve the education you invested in. In the event that your provider defaults and is unable to teach your course, you will be eligible for a refund or to be enrolled in an alternative course thanks to the tuition protection provided by the ESOS framework.
  • Access complaints and appeals processes
  • Request to transfer to another provider and have that request assessed.

TRANSFERRING BETWEEN EDUCATION PROVIDERS

According to the ESOS National Code, students must fulfill specific conditions before being able to enroll with another education provider if they are dissatisfied with their current course.

According to the National Code, if you haven't finished your major course within the requisite six months, you must receive a letter of release from your current education provider in order to enrol with a new provider. You need to get your current provider's consent if you plan to switch before the full six months have passed.

However, if you do wish to transfer, your education provider must assess or consider your request to transfer.

Every education provider must have documented procedures outlining their transfer policy. It is crucial to thoroughly understand this policy and the requirements outlined in your written agreement before deciding to enroll with a particular education provider.

Make sure you still comply with the requirements of your student visa if you plan to change your course of study. Visit the Department of Home Affairs website for further details about modifying your course or the provider.

For more details about transferring and the requirements under the ESOS National Code, you can visit National Code – Transfer Between Providers

SUPPORT FOR INTERNATIONAL STUDENTS

According to the ESOS National Code, education providers must provide international students with support to help them adapt to studying and life in Australia, achieve their learning goals, and make satisfactory progress. This assistance acknowledges that Australia is a new environment with a distinct culture, laws, and systems for students. Your education provider is required to offer guidance on:

  • Support and welfare services available at their institution
  • Legal services
  • Emergency and health services
  • Facilities and resources
  • Complaints and appeals processes
  • Any student visa condition that relates to the course you are studying.

For additional information on Australia's education system, visit the Study in Australia website at www.studyinaustralia.gov.au

The ESOS National Code can be accessed at NATIONAL CODE

TUITION PROTECTION

The ESOS framework provides student protection, including refunds for incomplete courses. The Tuition Protection Service (TPS) assists when providers cannot fulfill courses, ensuring international students have options available:

  • Complete their studies in another course or with another education provider
  • Receive a refund of their unspent tuition fees (the amount that is equal to the amount of the course the student has NOT undertaken). More information on the Tuition Protection Service is available at https://tps.gov.au/Home/NotLoggedIn.

Making complaints and getting help:

CRICOS-registered education providers are required to establish independent and easily accessible complaints and appeals processes for students. These processes should be immediate and as cost-effective as possible. Importantly, making a complaint should not impact your enrollment status.

If you cannot resolve your complaint with a provider, and your provider is a private organisation, you can approach the Overseas Students Ombudsman. (http://www.oso.gov.au/)

If you are enrolled in a public provider, it is advisable to reach out to the relevant state/territory or the Commonwealth ombudsman. You can access the contact details for all Australian ombudsmen’s offices at http://act.ombudsman.gov.au/link-related/state-and-territory-ombudsmen.php.

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